How to Prepare for Your Civil Trial*

Transcription

1 How to Prepare for Your Civil Trial* IMPORTANT! Remember that the law is always changing. This brochure is not a substitute for talking to an attorney. Civil cases can be complicated, and the judge will be making important decisions. Before representing yourself, you should do everything you can to get legal help. If you have not tried to get the help of an attorney, you should do that now. If you need help finding an attorney, you may call the Oregon State Bar s Lawyer Referral Service at or toll-free in Oregon at ACKNOWLEDGMENT. This brochure was created by the Court Programs and Services Division of the Oregon Judicial Department, based on an original version developed by the State Family Law Advisory Committee s Self-Represented Legal Services Subcommittee in COPYRIGHT NOTICE. Copyright 2006, for the use and benefit of the Oregon Judicial Department, all rights reserved. You may reproduce or copy this material for personal use or non-profit educational purposes but not for resale or other for-profit distribution unless you have permission from the Oregon Judicial Department. *This brochure covers civil cases that are filed in circuit courts and does not necessarily pertain to small claims or forcible entry and detainer (FED) cases. However, some of the information in the brochure may be helpful for these types of cases as well. You may obtain this publication in alternate formats, on request, by dialing (phone) or (TTY).

2 TABLE OF CONTENTS Page Where are the civil law statutes and trial court rules?... 1 Do you need an attorney?... 1 Where can you find an attorney?... 1 What if you cannot find an attorney?... 1 Alternatives to Trial... 2 Arbitration... 2 Discovery... 2 Pre-Trial Conferences... 3 Pre-Trial Motions... 3 Preparing for Trial... 3 What is a trial?... 3 Do I want to request a jury trial?... 3 When and where is the trial?... 3 When should you go to the courthouse?... 4 Can you reschedule the court date?... 4 What should you wear to the trial?... 4 Do you or your witnesses need an interpreter?... 4 Do you or your witnesses need accommodations under the ADA?... 4 Are you or your witnesses concerned about safety?... 4 Witnesses... 4 Do you need witnesses besides yourself?... 4 How do you get the witnesses you need to come to court?... 5 What if your witnesses cannot come to court?... 5 Should children come to court?... 5 What other evidence do you need?... 5 Do you need to file information with the court before trial?... 5 At the Trial... 6 How should you act at the trial?... 6 What is the layout of the courtroom?... 6 Who will be at the trial?... 7 How will you know when the trial begins?... 7 What happens at the trial?... 7 Opening Statement... 7 Presenting Your Case... 7 Closing Argument and Final Judgment... 8 What do you need to prove at the trial?... 8 Resources... 9 Contact information for your local court... 9

3 WHERE ARE THE CIVIL LAW STATUTES AND TRIAL COURT RULES? Oregon s civil laws are contained in the Oregon Revised Statutes (ORS) and are also available on the internet at under Oregon Revised Statutes. You may look at copies of these statutes in your county law library. The county law library will also have the Uniform Trial Court Rules and the Supplementary Local Rules for your local court. The Uniform Trial Court Rules are available on the internet at The Supplementary Local Rules for your court may also be found on the Oregon Judicial Department website at The law librarian can help you find the books you want and explain how to use the books. The law librarian cannot give you legal advice. If you want to copy any of the materials in the library, bring money in small bills to pay for the copies. The law library cannot make change for large bills. DO YOU NEED AN ATTORNEY? Although the judge will hear cases not involving attorneys, you should try to get the assistance of an attorney. The judge cannot give you legal advice and may not talk to you outside the courtroom about your case. An attorney can help you with complicated issues such as real and personal property rights, civil causes of action and possible relief, contract law, and personal injury/accident cases. An attorney can also assist you with the more difficult procedures that sometimes have to be followed in civil cases, such as discovery or pretrial conferences. An attorney may also be better able to negotiate an out-of-court settlement of the case. If the other party has an attorney, you may be at a disadvantage if you try to represent yourself. WHERE CAN YOU FIND AN ATTORNEY? LAWYER REFERRAL SERVICE: The Oregon State Bar can give you the number of an attorney in your area who does civil law cases and who will give you a one-time in-office appointment for no more than $ Call toll free, or if in Portland You may be eligible for the Modest Means Program which offers legal assistance at a reduced rate in some cases. Call the same phone numbers as above for an application. OTHER LEGAL HELP: Some attorneys may be willing to work on a sliding fee scale based on your income or to provide you with limited legal assistance, sometimes called unbundled legal services. An attorney who does this will represent you on only a part of your case, not for the entire matter; for example, to review forms, to give you "coaching" before a hearing, or to do some research on a particular issue. The cost to you is less than the cost of full representation. For referrals to such attorneys, contact the Oregon State Bar Some courts may have a list of local attorneys who provide low-cost or unbundled legal services. You may also want to check the yellow pages of the phone book. WHAT IF YOU CANNOT FIND AN ATTORNEY? Your court may have information about where you can locate forms to file a civil case. Forms may be available from a variety of sources including the Internet, office supply stores, and in specialized software. Such forms may or may not be helpful to you depending on whether they have been created in compliance with Oregon law and whether or not they have been designed to meet your particular needs. While court staff may answer questions about forms in some civil law matters, they cannot provide legal advice. Court clerks may explain how to file papers in the circuit court and can notarize your court forms. However, an attorney is the only person who can advise you of your legal rights or tell you what is best for you in your individual situation. If you do not contact an attorney, or are unable to find one to represent you, you should begin preparing your case. -1-

4 ALTERNATIVES TO TRIAL If you and the other party work out an agreement before trial, either by yourselves or with the help of an attorney or mediator, you will need to prepare a document called a stipulated judgment (a court order) that sets out your agreement. A mediator is a third person trained to help the parties reach a settlement during confidential discussions. Your court may have a list of mediators that you can hire to help you with your case. You can also hire a private mediator not connected with the courts if you want to. For some types of cases, local community mediation centers may be helpful. You should have received information about local mediation resources at the time you filed your case or were served your court papers. If you did not, you can contact your local court for that information. ARBITRATION Oregon law requires the court to refer civil cases that involve $50,000 or less (except small claims matters) to mandatory arbitration. If your case is assigned to arbitration, you will be notified to appear before an arbitrator. An arbitrator is a neutral third party (usually an attorney) who will act like a judge and decide your case. You may be able to be involved in the selection of the arbitrator. Ask your court clerk for information on the fee you will have to pay to the arbitrator. The special rules for arbitration may be found in the Uniform Trial Court Rules and the Supplementary Local Rules for your court. See Where Are the Civil Laws Statutes and Trial Court Rules above, page 1. The information in the rest of this brochure may be helpful, not only if you go to trial, but also at your arbitration. The arbitrator will listen to and consider your and the other party s evidence and make a decision in your case. If you do not agree to the arbitrator s decision, you will have to file a written notice of appeal and request for trial de novo [new trial] within 20 days after receiving the arbitrator s decision. Ask the court clerk whether they have forms to do this and, if not, go to your local law library or consider hiring an attorney to help you with this part of your case. See Where Can I Find An Attorney above, at page 1. For more information on mediation and arbitration in Oregon, go to the Oregon State Bar s Legal Info for the Public website located at: DISCOVERY Parties to a lawsuit are entitled to request certain information from the other side that is relevant and not privileged. If the other party has information that you do not have but that you think you will need in order to prove your case or your defense, you may conduct discovery. You may also be asked to respond to the other party s discovery. There are several different kinds of discovery: Depositions (appearing in person to answer questions under oath) Interrogatories (written questions) Production of documents (providing originals or copies of requested papers) Physical or mental examinations (submitting to a medical or psychological exam) Requests for admission (asking a party to admit to a fact) There are special formats to request or respond to discovery, and important deadlines for asking and responding to discovery. Sometimes there are costs involved. Asking for and responding to discovery is very complicated and almost always requires a legal background. You should try to hire a lawyer to help you if you feel the need to do discovery or are asked to respond to it. Some attorneys will help you with discovery without taking on your entire case (also called unbundled legal services ). See Where Can I Find An Attorney above, at page

5 PRE-TRIAL CONFERENCES You may be required by your local court to appear at a pre-trial conference or a settlement conference to inform the court about the status of your case. The court may ask you about what the main issues are in your case, what discovery has been conducted, and how many witnesses you will have. You may receive a trial date at this time. You may also be referred to a judge for discussion about possible settlement of one or more of the issues in your case. Read your court's "Supplementary Local Rules" for more information about pre-trial or settlement conferences in your county. See Where Are the Civil Laws Statutes and Trial Court Rules above, page 1. PRE-TRIAL MOTIONS You or the other side may file pre-trial motions. A motion is a formal request filed with the court. For example, a motion to dismiss asks the court to close all or part of a case, and a motion to setover asks a court to set a later trial date. A judge makes a decision to allow or deny the request, usually after a hearing or trial. If you file a motion, you must serve a copy on the other side and give them a chance to respond, and if they file a motion, they must do the same. PREPARING FOR TRIAL WHAT IS A TRIAL? A trial is a fact-finding process before a judge or a jury and where the final decisions are made in your case. Trials are open to the public. You may want to watch a civil law trial in the courtroom of your assigned judge so you can see what a trial is like. DO I WANT TO REQUEST A JURY TRIAL? In some cases, you can choose whether you want your case decided by a judge or a jury. If you choose to have a jury trial, the judge will give the jury instructions on what the law is, and the jury will be responsible for deciding the facts and applying the law. There are additional fees for jury trials. Deciding whether to have your civil case heard before a judge or a jury is an important decision. If you decide to have a jury make the decision in your case, you should contact your local court to ask what fees you will have to pay and what forms you will have to fill out to request a jury. You will also be asked to select jury members from a pool that the court will make available in the case on the first day of trial. You will also have to submit jury instructions for the court to read to the jury at the end of your case. Requesting a jury will make your case last longer and make it more complicated and costly. If you decide to have your case heard before a judge and not a jury, you need to notify the court of your waiver of jury trial within the time specified in the local court rules. See Where Are the Civil Laws Statutes and Trial Court Rules above, page 1. Both sides must waive jury trial or a jury will be scheduled and the fees will apply. WHEN AND WHERE IS THE TRIAL? You will receive a written notice from the court telling you the courtroom, day, and time of your trial. You may also call the court and ask the clerk for the date of your trial. You will usually have to pass through metal detectors at the courthouse. Knives, weapons, and pepper spray are not allowed. Each courtroom has a list of cases that are to be heard that day posted outside its doors. -3-

6 WHEN SHOULD YOU GO TO THE COURTHOUSE? Arrive early enough to give yourself time to find the courtroom, meet with your witnesses, mark your exhibits, and get organized. You should plan to arrive at least 30 minutes before your trial. If you go into the courtroom early, be quiet and polite to the court and other people who are having a case heard by the judge. Another reason to arrive early is so that you can pay the fee if you want your court proceeding recorded. Most Oregon courts now use electronic systems for recording trials. You will be required to pay a hearing fee prior to your court appearance if you want it recorded. If the trial is not recorded, you may be giving up your right to file an appeal if you do not like or do not agree with the judge s decision. CAN YOU RESCHEDULE THE COURT DATE? If you do not come to the trial, the other party may win. If there is a serious reason why you cannot go to trial on the scheduled date, call the other party and the circuit court clerk right away. You will have to make a written request to the court to have the trial rescheduled. You must give the other side or their attorney, if they have one, a copy of your request. WHAT SHOULD YOU WEAR TO THE TRIAL? Wear clean, neat clothing such as you would wear to an important job interview. Do not wear hats, shorts, jeans, half-shirts, tank tops, sneakers, very high heels, sandals, or anything that is too tight, too short, lowcut, or shows your stomach. DO YOU OR YOUR WITNESSES NEED AN INTERPRETER? Do you or any of your witnesses need an interpreter? The court will provide a certified interpreter to help you in court. Call the trial court administrator or clerk s office at least four business days in advance of the court date. Your trial court administrator s contact information is on the back page of this brochure. DO YOU OR YOUR WITNESSES NEED ACCOMMODATIONS UNDER THE AMERICANS WITH DISABILITIES ACT? If you or one of your witnesses require a sign language interpreter, assistive listening device, materials in an alternate format, or other accommodations, please contact your ADA coordinator at least four business days in advance of the court date. Your ADA coordinator s contact information is on the back page of this brochure. ARE YOU OR YOUR WITNESSES CONCERNED ABOUT SAFETY IN COURT? Your local court may have metal detectors and will have law enforcement officers stationed at the courthouse. If you want a law enforcement officer in the courtroom during the trial, call the court clerk well before the trial. You may also ask to have someone walk with you to your car after the trial. WITNESSES DO YOU NEED WITNESSES BESIDES YOURSELF? Witnesses are people with firsthand knowledge about important things you need to prove in your case. For example, if your case is about statements another person made to you that you believe made a binding agreement between you, anyone who heard these statements may help the judge make the decision of what that agreement may have been and whether it can be enforced. Make sure that a witness will help your case before you ask them to come to the trial. Talk to them first to find out what they know. Call them well before the trial so that they can make plans to be there on that day. -4-

7 HOW DO YOU GET THE WITNESSES YOU NEED TO COME TO COURT? You may want the statement of a witness who is important for your case, but does not want to come to court. Unless witnesses are under subpoena, they do not have to show up for court. A subpoena is an order from the court to appear at a trial. Often, witnesses need a subpoena to show their employer why they need to be gone from work. Forms for a subpoena are available in the circuit court clerk s office. Unless the witness waives the right to payment, you must pay each witness a fee of at least $30.00 per day plus mileage at the rate of at least $.25 per mile. WHAT IF YOUR WITNESS CANNOT COME TO COURT? The judge will make decisions in the case by listening to witnesses who testify under oath. The judge cannot use letters, affidavits, or other written statements instead of personal testimony unless the other party agrees. You may be able to have your witness testify by telephone during the trial but you will need the judge s permission and would have to follow Oregon laws. You must file a special request with the court (a document usually called a motion ) and serve a copy on the other party or his/her attorney before the trial. SHOULD CHILDREN COME TO COURT? In almost all cases, children are not needed as witnesses at trial. You will not be able to watch your children during the trial, and they may not be allowed to remain in the courtroom. Since they can be noisy, young children especially should be left at home with a babysitter or relative. If you cannot leave your children at another location, you should have someone who can watch the child when you are in your trial. WHAT OTHER EVIDENCE DO YOU NEED? You may also need written evidence to prove your case. This depends on the type of case you have. If it is a contract case, you will need any written documents that support your position, such as the contract itself, if it is in writing, and letters between you and the other party. If it is a personal injury case, such as an automobile accident, you will need to bring copies of the police report and records of car repairs and medical treatment. If you plan to show these documents to the judge, you must provide a copy to the other party. Also you should ask the judge s clerk for help marking the exhibits. The judge may not allow you to submit certain items as evidence if the other party objects and the judge rules that, based on the Oregon Evidence Code, the evidence is not admissible. The Oregon Evidence Code is in the Oregon Revised Statutes at Chapters 40 to 45. (http://www.leg.state.or.us/ors/vol1.html) DO YOU NEED TO FILE INFORMATION WITH THE COURT BEFORE TRIAL? The court may request that you file a trial memoranda before the date of your trial. This is typically a document that sets forth the issues in your case, what evidence you have in support of your position on the issues, and relevant law. Even if the court does not require a trial memoranda, you may file one with the clerk, but be sure to serve the other party with a copy at the same time. -5-

8 AT THE TRIAL HOW SHOULD YOU ACT AT THE TRIAL? Be on time. Bring all papers or exhibits that you need for your trial. You may use written notes during the trial. No food or drinks are allowed in the courtroom. Do not chew gum or tobacco. Take off hats. Turn off cell phones and pagers. Stand when the judge comes into the courtroom. Sit down when the judge or clerk asks you to sit. Be polite to everyone. Do not interrupt anyone during the trial. Stop talking when the judge talks. Talk only when it is your turn. When you address the judge, you should stand up. The judge may ask you questions. If you do not understand the question, tell the judge. Do not answer a question unless you understand what is being asked. If you do not know the answer to a question, say so. Don t guess. Take your time answering questions and explain your answer if you think it will be helpful. Be honest with the judge. If the judge thinks you are being dishonest about some things, he may not believe the rest of what you have to say. Don t repeat what s already been said. Be brief when you can. Use your own words to say what you have to say. You do not need to use legal terminology. Don t argue with the judge or anyone else. Address everyone in the courtroom formally, calling them Ms. Jones or Mr. Smith, rather than using first names. When you speak to the judge, call him or her, Your Honor. Be calm. Stick with the facts. Do not lose your temper. If you are not sure what to do during the trial, ask the court clerk or the judge. Your witnesses and people in the audience must be quiet during the trial, except when it is time for them to testify. You and they should not react to what witnesses and the judge say by talking or making faces. Remember, the judge cannot talk to you about your case, except when your case is being heard in the courtroom when the other party is present. YOU MAY NOT TALK TO THE JUDGE ABOUT YOUR CASE OUTSIDE OF THE COURTROOM The judge cannot talk to you about your case except in the presence of the other party, or with their permission. WHAT IS THE LAYOUT OF THE COURTROOM? The bench is where the judge sits. The court reporter, if present, will sit in front of the judge. The judge s clerk usually will sit at the front or to the side of the judge. There will be at least two tables in front of the bench. You will sit at one of these tables when your name is called. Only parties and attorneys may sit at the tables unless the court allows otherwise. Your witnesses will sit in the audience section or outside the courtroom until they are needed. The place where witnesses testify is called the witness stand. It is next to the bench. Sometimes the judge will tell you that you can testify from your seat at the table. -6-

9 WHO WILL BE AT THE TRIAL? The judge and staff (perhaps including the court reporter). A deputy sheriff, if security staff has been assigned. The other party. Witnesses. Attorneys, if any. There may be a number of other people in the courtroom. They may be waiting for their own case to be heard, or they may be watching court cases. HOW WILL YOU KNOW WHEN THE TRIAL BEGINS? The judge or clerk will call your case. Stand and let them know you are there, then wait for further instructions. WHAT HAPPENS AT THE TRIAL? Opening Statement: The judge may ask you and the other party to give an opening statement. This is when you tell the judge about your case, what you want, and why the judge should do what you ask. Presenting Your Case: The plaintiff (the person who filed the case) goes first. Then the defendant (the person who has been complained against) goes next. You should have a written list of everything you need to prove, and how you are going to prove it by using witnesses and documents. If you do not have a lawyer, you will be allowed to tell the judge ( testify ) on your own what has happened, and why you should get what you asked for in the Complaint or Answer. The judge may ask you some questions. When you have finished testifying, the other side has a chance to cross-examine (ask) you about what you told the judge. Once the other party or their attorney has finished cross-examining you, you will have the chance to explain anything that was brought up in the cross-examination. Testify only about what you know; do not guess. If you do not know the answer, say so. When it is your turn to present your case, you may call your witness/es. They will be sworn in; then you may begin questioning them. You should have written down the questions you want to ask. Make your questions short and to the point. Do not argue with the witnesses. It is important that you are asking questions and not making statements. When you have asked all your questions, the witness will be cross-examined by the other side. You may be allowed to ask more questions of the witness to follow up on their answers. Ask the judge if you are allowed to ask a witness more questions. When the other side calls its witnesses, you will be able to question those witnesses. Ask questions; this is not another chance for you to make statements. Once the defendant finishes his/her presentation, the judge may let the plaintiff rebut or contradict testimony or evidence presented by the other side. If so, the plaintiff and/or other witnesses can retake the stand, or offer documents into evidence. -7-

10 During the testimony, if you want the judge to consider a document or some other piece of physical evidence, you must offer it into evidence as an exhibit. You should have already given a copy to the other side before the trial started. Ask the judge s clerk to put an evidence sticker on your document and number it. Tell the judge that you would like to offer the exhibit into evidence and be prepared to tell the judge why it is important for him/her to read it. The other side may object. The judge will decide whether to consider it. The other person may also offer exhibits. He or she should have shown them to you before trial. If you believe the exhibit is irrelevant, misleading, unreliable, or otherwise improper, tell the judge. Closing Argument and Final Judgment: After all the testimony has been heard, the judge may not want to hear anything else. But the judge may ask you to give a closing argument, which is a summary of the testimony and evidence that supports your requests to the court. If so, the other side will also be asked to give his or her view of the case. The judge may make a ruling from the bench, or may take the case under advisement to think about and decide later. If the judge does not decide right away, s/he will send both sides a letter explaining his/her decision. The judge will ask one of the parties to prepare an order/judgment. If the judge asks you to do that, there are rules about what it has to look like and what it has to include. Some attorneys can also help you to prepare a judgment. See Where Can I Find An Attorney above, page 1. WHAT DO YOU NEED TO PROVE AT THE TRIAL? Usually the plaintiff (the party filing the complaint) has the burden of proving his or her case against the defendant (the party responding to the case brought against him/her). This means the plaintiff must convince the judge that s/he is entitled to the relief that s/he is asking for. On the other hand, the defendant has the burden of raising any defenses s/he may have to what the plaintiff is claiming. Civil cases are based on causes of action. These are claims for wrongdoing (other than criminal conduct) for which the plaintiff seeks compensation, usually in the form of money. There are many different civil causes of action, such as claims for personal injury (e.g., physical harm due to an accident or negligent medical care), breach of contract, or a request that the court determine ownership of real property. Every cause of action has different elements of proof. For example, some of the elements that must be shown to win a breach of contract case include: (a) the existence of a valid contract, (b) a meeting of the minds regarding its terms, (c) a breach [failure to perform one or more of the terms], and (d) damages. All of these must be proven by the plaintiff in order to win his/her case. If you are the defendant in a civil case, similarly, there are defenses that can be raised on your behalf that may persuade the judge or jury to decide in your favor and against the plaintiff. However, you need to know what defenses are available for each different type of cause of action. For example, in breach of contract cases, performance may be excused due to unavoidable and unexpected circumstances. You can go to your local law library to research what the elements of, or defenses to, a cause of action may be. Court staff cannot help you with this because it requires legal advice and court staff is prohibited by law from providing legal advice. It is highly recommended that you consult with an attorney to make sure that you can prove your case or your defense, and have met all the appropriate legal requirements. If you do not prove every required element of your cause(s) of action or defense(s), the judge will rule against you. Attorneys who provide unbundled legal services may be able to help you prepare for this part of your case. See Where Can I Find An Attorney above, page

11 RESOURCES OREGON REVISED STATUTES: Available at your local law library and the following website: UNIFORM TRIAL COURT RULES: Available at your local law library and the following website: LOCAL COURT SUPPLEMENTARY RULES: Check with your local court. Contact info for your local court may be found at the following website: R?OpenView&count=1000 LOCAL COURT WEBSITES: Click the drop-down box on the left side of this web page to select the court you want to view the website for: OREGON LAW HELP: (Free legal info for low income Oregonians): OREGON STATE BAR: Lawyer Referral Service: Modest Means (low income): Military Assistance Panel: Legal Info for the Public: General information about Oregon law including arbitration and mediation, business law, small claims, subpoenas, and more: Tel-law: This is a collection of recorded legal information messages accessible by telephone at or toll-free in Oregon only, A touch tone phone allows direct access 24 hours a day, seven days a week. To receive a free Tel-law brochure listing the subjects available call , ext. 0. Contact Information for Your Local Court Click here for a listing of local Trial Court Administrators Click here for a listing of local ADA Coordinators R:\Judical Conference DR Committee\Civil Trial Brochure\CIVILTrialBrochureFINAL2.WWW.wpd revised 10/25/

How to Prepare for Your Divorce, Legal Separation, Custody or Support Trial IMPORTANT! Remember that the law is always changing. This brochure is not a substitute for talking to an attorney. Family law

SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court

Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon

If you have been sued as a defendant in a civil case...keep reading. Court procedures can be complex. This brochure was developed to help Ohioans who are considering representing themselves in court. It

PROCEDURES FOR PLAINTIFFS IN CIVIL CASES I. INTRODUCTION: If you cannot resolve your differences with another individual or company, then you may consider pursuing your legal remedy by filing a civil lawsuit.

JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

Clark County District Court SMALL CLAIMS COURT INFORMATION INTRODUCTION The Small Claims Department of District Court allows a person or business with a legal dispute to sue without hiring an attorney.

The Uncontested Divorce Process in Texas This guide is intended to help you use the divorce forms provided by www.texaslawhelp.org for an uncontested divorce. Is your divorce contested? -Or- Is your divorce

EARLY CARE & EDUCATION LAW UNIT Publication Date: November 2013 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to

INSTRUCTIONS FOR FILING A SMALL CLAIMS CASE These standard instructions are for informational purposes only and do not constitute legal advice about your case. GENERAL INFORMATION The Small Claims Court

South Carolina Office of Child Support Enforcement Administration for Children & Families U.S. Department of Health and Human Services Changing a Child Support Order in Your State The information below

GENERAL INFORMATION FOR UNREPRESENTED INJURED WORKERS ABOUT THE WORKERS COMPENSATION HEARING PROCESS FREQUENTLY ASKED QUESTIONS 1. Where can I get information about the hearing process?... 2 2. Where else

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SUE OR NOT TO SUE? HOW TO FILE A SMALL CLAIMS CASE WHERE TO FILE FILING FEE NOTICE TO THE DEFENDANT COUNTERCLAIMS PREPARING FOR TRIAL

DOMESTIC VIOLENCE AND THE NEW MEXICO FAMILY VIOLENCE PROTECTION ACT This information guide is general in nature and is not designed to give legal advice. The court does not guarantee the legal sufficiency

A TENANT S GUIDE TO THE NEW YORK CITY HOUSING COURT The Association of the Bar of the City of New York Housing Court Public Service Projects Committee and The Civil Court of the City of New York Fern A.

Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking

The Non-Lawyers Guide to Hearings before the State Engineer The information provided here contains general information about how to represent yourself in a hearing. This information is to help you prepare

Community Legal Information Association of Prince Edward Island, Inc. Defending Yourself in Criminal Court If you are charged with a criminal offence, certain federal offences, or a provincial offence,

EARLY CARE & EDUCATION LAW PROJECT Publication Date: May 2010 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to go

What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.

INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,

S u m m a ry Judgment and S u m m a ry Trials in Supreme Court This guidebook provides general information about civil, non-family claims in the Supreme Court of B.C. It does not explain the law. Court

Civil Court of the City of New York Fern A. Fisher, Administrative Judge November 2005 ACKNOWLEDGMENTS This guide was originally published in June 1999 as a joint project of the Civil Court of the City

Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL Appeals of workers compensation claim denials are handled by the Labor Commission s Adjudication Division. If you disagree with the claim

Your Voice in Criminal Court a guide to court orientation for adult witnesses INFORMATION + RESOURCES FOR VICTIM SERVICE WORKERS introduction Victim Service Workers have an important role to play in the

Creditor Lawsuits Handbook In Magisterial District Court A Handbook for people dealing with creditor lawsuits, including information on such suits and common defenses. Revised July 2009 Introduction This

DIVORCE BROCHURE Rev 10/2009 Dear Circuit Court Patron: My staff and I are dedicated to providing the best possible service to those using the Court. With this goal in mind, we developed the attached handout

SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA Mock Trial Script The Case of a Stolen Car This mock trial is appropriate for middle and high school students. The script includes a role for a narrator,

Frequently Asked Questions (FAQs) in South Carolina Master-in-Equity Court WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. If you move forward without an attorney,

Sangamon County Circuit Clerk s Office Small Claims Court Manual Small Claims Court Manual 1 The purpose of this guide is to explain, in simple language, the workings of the Small Claims Court in Sangamon

NORTH CAROLINA JUVENILE COURT: A HANDBOOK FOR PARENTS IN ABUSE, NEGLECT AND DEPENDENCY HEARINGS Your Lawyer Name: Address: CONTACT INFORMATION FOR THESE KEY PEOPLE IN YOUR CASE: Phone: Best Time to Call:

LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts

WHAT IS SMALL CLAIMS COURT? Information Provided by the Office of MARYANNE MORSE CLERK OF THE COURTS SEMINOLE COUNTY, FLORIDA ATTENTION WHEN FILING A SUIT IN COUNTY COURT, IT IS MANDATORY THAT YOU PROVIDE

NEW JERSEY JUDICIARY SPECIAL CIVIL A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil A Guide to the Court page 1 Special Civil is a court of limited jurisdiction

FORECLOSURES This handout was prepared by Legal Services of Greater Miami, Inc.(LSGMI) with support from the Institute for Foreclosure Legal Assistance. LSGMI represents homeowners in foreclosure and homeowners

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

FINRA s Dispute Resolution Process 1 What to Expect: FINRA s Dispute Resolution Process It is rare for most firms to find themselves in a dispute with a customer, an employee, or another firm that escalates

Being a Witness What is a witness? A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence,

Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

INSTRUCTIONS FOR FILING YOUR MODIFICATION OF CHILD SUPPORT A modification of child support is allowed if the parties can show a change in income or financial status. If the parties agreed on child support

Please read these instructions before you file your papers. These instructions may contain some legal words that are not familiar to you. A list of common legal words and their definitions is attached.

January 9, 2006 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers 4 Who

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes

ALL SMALL CLAIMS SERVICE Once you have decided to file small claims, you will need the following: 1. TOTAL AMOUNT OWED - rent due, property damage, stolen items, cleaning fees, etc. (Total amount cannotexceed

Crashed your car? Information on claims for damage to your car, in and out of court 1 After a car accident This brochure will take you through the important steps you need to take if your car is damaged

Traffic Court What you need? to know when you ve been charged with a provincial offence website at: www.albertacourts.ab.ca Table of Contents 1. You Have Been Charged With an Offence. Now What? ----------------1

CHAPTER 24 DEPOSITION GUIDANCE FOR NURSES I. INTRODUCTION With the number of personal injury and healthcare-related lawsuits increasing each year, at some time in your professional career as a nurse, you

GENERAL INFORMATION ON SMALL CLAIMS COURT This information is prepared and provided by Legal Services of Greater Miami, Inc. Small Claims Court is a court where you do not need an attorney to represent

LANDLORD S GUIDE TO NONPAYMENT SUMMARY PROCEEDINGS For Courts Outside New York City New York State Unified Court System DIVISION OF COURT OPERATIONS OFFICE OF TRIAL COURT OPERATIONS SEPTEMBER 2007 LANDLORD

TAKE-1 YOU AND YOUR LAWYER XVIII AIRBORNE CORPS LEGAL ASSISTANCE OFFICE YOU AND YOUR LAWYER 1. Q. HOW DO I CHOOSE A PRIVATE ATTORNEY? A. There are many ways to select a private attorney if you do not have

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT I. INTRODUCTION Business is rife with conflict. To succeed, a business owner must be adept at resolving these disputes quickly and efficiently.

YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

HOW TO PREPARE FOR A LANDLORD-TENANT TRIAL Written by Hon. Magaret Cammer Civil Court of the City of New York Hon. Fern A. Fisher, Administrative Judge May 2006 INTRODUCTION This booklet is meant to help

Your Rights as a Landlord or Tenant in Illinois The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 e-mail: selfhelp@siu.edu TABLE OF CONTENTS Table

JUDGE AMANDA MCCLENDON 2nd Circuit Court Room 506 I. Brief Biography Amanda McClendon is Judge of the Second Circuit Court for the 20th Judicial District serving Davidson County, Tennessee. She like her

HOW TO REPRESENT YOURSELF IN CIVIL CASES IN JUSTICE COURT If you are reading this you have either been sued in Justice Court, or you are thinking about suing someone in Justice Court. Following are the

9950EN 6/2015 Getting a Trial Date in Cowlitz County Is this publication for me? Yes, if You have a civil case in Cowlitz County Superior Court AND The respondent/defendant in the case has filed a response

This guide is intended to help you use the uncontested divorce forms provided by www.texaslawhelp.org The Uncontested Divorce Process in Texas Do not use these forms or this guide if: Your divorce is contested*